Derek Lang Shine, Jr., Petitioner v. State of Florida, Respondent.

Summary

The Florida Supreme Court held that when a trial court's downward departure is reversed for lack of legally sufficient findings, the proper remedy is a de novo resentencing, and the trial court may impose a new downward departure if it complies with the Criminal Punishment Code. The Court quashed the Third District’s decision and remanded for further proceedings consistent with this holding.